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GOVERNOR & CO. OF THE BANK OF IRELAND v. DROMOLAND CASTLE, LTD.

212 A.D.2d 759 (1995)

624 N.Y.S.2d 855

Governor and Company of the Bank of Ireland, Respondent, v. Dromoland Castle, Ltd., et al., Defendants, and William Dowling, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1995

Ordered that the order is affirmed, with costs.

The plaintiff established prima facie entitlement to summary judgment by submitting in support of its motion proof of the notes and guarantees and the defendants' failure to make the payments provided for by their terms. Since the defendants failed to come forward with proof of evidentiary facts showing the existence of a material issue of fact, the court properly awarded summary judgment to the plaintiff (see

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